KISHORE KINDO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal has been preferred by the original accused No. 1, 2, 3 and 4 of Sessions Trial No. 325 of 1998 against the judgment and order of conviction and sentence dated 14th July, 2006, passed by the Additional Sessions Judge, Simdega. These appellants have been convicted for the offence punishable under section 302 I.P.C. to be read with Section 149 I.P.C. and sentenced to undergo life imprisonment. They are further convicted u/s. 307/149 I.P.C. and sentenced to undergo life imprisonment. Further, these appellants have been convicted under section 148 I.P.C. and sentenced to undergo Rigorous Imprisonment for 3 years. These appellants have also been convicted for the offence punishable under section 452 of the I.P.C. and sentenced to undergo Rigorous Imprisonment for five years. Further, these appellants have also been punished for the offence punishable under Section 302 I.P.C. but no separate sentence has been awarded under this head. All the sentences were ordered to run concurrently.

(2.) IT is the case of the prosecution that on 8th April. 1998 at 5.15 a.m. the informant Prakash Kishore Bilung (P.W. 4) gave fardbayan to Police that on 7th April, 1998 (on Tuesday) at 8 P.M. he was sitting in the courtyard of his house along with his father Moris Bilung, mother Julias Bilung and sister Shanta Bilung and at that time Pushpa Bilung was cooking meal. The informant further alleged that Sabina Tete who is the daughter of Lujarus Tete of village Dumar Toli had come to his house as a guest and she was also sitting there with whom the informant was to be married. The western door of his house in the back of his courtyard was open. At about 8 P.M. his co villager Sukra entered into the house through the back door, to which the informant asked him what is the matter then he told him that some people wanted to have talk with him and then he came near to him and started seeing here and there in the courtyard. At that moment through the back door, Mikhail Kindo with his five sons and his wife with other two unknown persons came near to them and they were holding Katar, Tanghi. Dagger, Bhujali and Danda in their hand. The informant further alleged that Leo Kindo, Kishore Kindo, Xavier Kindo, Issak Kindo and Bhauwa Kindo and two unknown young persons were armed with Katar, Tangi, Dagger, Bhujali and Danda and then Kishore Kindo started uttering that as to why he had not withdrawn the case against Amit. At that time mother of Kishore Kindo entered his house by using filthy language and then all of them started abusing him and then the family member of informant forbade them from abusing them and they also started fleeing away from there then the aforesaid accused persons chased them and started assaulting them indiscriminately and as a result of which his father was seriously injured and further they turned towards him and when his mother and Sabina Tete wanted to save him, all of them seriously injured them and they fell down near the gate and then the accused persons also seriously injured him and his sister Shanta Bilung and to save himself the informant entered into the house of the tenant. Thereafter informant raised alarm for their protection but nobody came there due to fear of accused persons as they were threatening that whoever came there in their protection they would be done to death and therefore nobody came there. Thereafter in the morning the informant felt that the accused persons had left the house so he came out of the house and saw that his father Moris Bilung, his mother Julias Bilung and guest Sabina Tete were dead and he found multiple injuries on their bodies and blood was coming out from their body. The informant further alleged that the reason behind the incident was that in the month of last December Issak Kindo and his friend Basant has assaulted him for which a case was instituted and that case was going on in the court and since that case was not withdrawn because of which his parents and Sabina Tete with whom he was going to married were killed.

(3.) IT is submitted by the learned A.P.P. that no error has been committed by the learned trial court in appreciating the evidences on record. There is no major omission, contradiction and improvement in the depositions of the prosecution witnesses. Though the witnesses have given their depositions after 14 months and though they are rustic witnesses, especially P.W. 1 and P.W. 4, they have clearly narrated the role played by these appellants in causing murder of the deceased persons. It is further submitted by the A.P.P. that there is no delay in lodging the F.I.R. Every minute and every hours delay is not required to be explained by the prosecution. P.W. 4 has given his Fardbayan before the police properly. Three persons have been murdered in this case and two are injured. Statement of P.W. 1 was recorded at Rourkela hospital. P.W. 1, who was unconscious, was initially referred to Simdega Hospital and thereafter to Rourkela hospital. P.W. 4 is the brother of the P.W. 1 and close relatives of these brother and sister have been murdered. In these set of circumstances, when P.W. 4 has given his statement at 5.15 hours in the next morning, it is not fatal to the prosecution at all. It is also submitted by the A.P.P. that the whole incident has taken place at the house of the deceased. Appellants were more than five in number and were having deadly weapons in their hands and therefore, other persons might not have come to the place of occurrence, out of fear.